Chapter 1
What is Law?
A body of rules of action or conduct prescribed by the controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences.
_________passes statutes to fulfill treaty requirements.
Congress
English Common Law
Developed by judges who issued their opinions when deciding cases. Principles announced in these cases became precedent for later judges deciding similar cases.
Functions of Law
Keeping the peace Shaping moral standards Promoting social justice Maintaining the status quo Facilitating orderly change Facilitating planning Providing a basis for compromise Maximizing individual freedom
Sociological School
Law is a means of achieving and advancing certain sociological goals.
Command School
Law is a set of rules developed, communicated, and enforced by the ruling party.
Historical School
Law is an aggregate of social traditions and customs.
Natural Law School
Law is based on what is "correct." Law should be based on morality and ethics.
Analytical School
Law is shaped by logic.
Critical Legal Studies School
Legal rules as unnecessary, with legal disputes to be solved by applying arbitrary rules based on fairness.
All states except ______ base their legal systems on the English common law. _______ bases its law on civil law
Louisiana
Law and Economics School
Promoting market efficiency as the central concern of legal decision making.
Courts of Chancery (equity courts)
Remedies shaped to fit each situation
Merchant Courts
Solved commercial disputes based on trade practices
English Law Court
Uniform system of courts emphasizing form over substance Granted only monetary damages
Municipalities and local government bodies _____ ordinances.
enact
Executive branch (president) has the power to ____ the law
enforce
The U.S. Congress enacts _____statutes
federal
Judicial branch (courts) has the power to _____ and determine the ______ of the law
interpret validity
With the adoption of English Common Law in the U.S., the ____, _____ and _____ courts have merged
law equity merchant
Executive Orders- Power derived from express delegation from ______ branch or implied from ________ powers
legislative constitutional
Legislative branch (Congress) has the power to ______ (enact) the law
make
Administrative agencies usually have the power to hear and decide disputes called _______
orders
Doctrine of Stare Decisis
stand by the decision. Adherence to precedent
State legislatures enact ____ statutes
state